Article I: Definitions

“College” means Carroll College located in Helena, Montana.
“Student” includes all persons enrolled in courses at the College, either full-time or part-time, pursuing undergraduate or graduate studies. Persons who withdraw after allegedly violating the Carroll Code, who are not officially enrolled for a particular term but who have a continuing relationship with the College or who have been notified of their acceptance for admission are considered “students.”
"Faculty member” means any person hired by the College to conduct classroom or teaching activities or who is otherwise considered by the College to be a member of its faculty.
“College official” includes any person employed by the College, performing assigned administrative or professional responsibilities.
"Member of the College community” includes any person who is a student, faculty member, College official or any other person employed by the College. A person’s status in a particular situation shall be determined for students by the College Registrar and for employees by the Director of Human Resources.
"Campus” includes all land, building, facilities, and property in the possession, owned, used, or controlled by the College.
"Organization” means any number of persons who, as a group, have complied with the formal requirements for College recognition as a student organization.
“Student Conduct Board” means any person or persons authorized by the Dean of Students to determine whether a student has violated the Carroll Code and to recommend sanctions that may be imposed when a violation has been committed.
“Student Conduct Administrator” means a College official appointed by the Dean of Students to impose sanctions upon any student(s) found to have violated the Carroll Code. The Dean of Students may authorize the same Student Conduct Administrator to impose sanctions in all cases.
“Appellate Board” means any person or persons authorized by the Dean of Students to consider an appeal from a Student Conduct Board’s determination as to whether a student has violated the Carroll Code or from the sanctions imposed by the Student Conduct Administrator.
"Shall” is used in the imperative sense.
"May" is used in the permissive sense.
"Policy" means the written regulations of the College as found in, but not limited to, the Carroll Code, Residential Life and Housing regulations, the Acceptable Use Policy for the College web page and computer use, the Student Handbook and the Academic Catalog.
"Cheating” means the act of using or attempting to use, in examinations or other academic work, material, information, computer programs or study aids which are not permitted by the instructor. Cheating includes, but is not limited to: using books, notes, or calculators, or copying from or conversing with others during an examination (unless use of such external aids is expressly permitted by the instructor); having someone else do research, write papers, create computer programs, or take examinations; doing research, writing papers, creating computer programs, passing examination answers to, or taking examinations for someone else; submitting large portions of the same work as part of the academic work for more than one course (unless such submission is requested by the student and permitted by the instructor); the acquisition without permission, of tests or other academic material belonging to a member of the Carroll College faculty or staff.
"Plagiarism” is the act of appropriating or sharing (without instructor approval) written, computer programmed, artistic, or musical compositions or portions thereof; or the ideas, language, or symbols of another and representing it as the product of one’s own mind. In all academic areas it is imperative that work be original or that explicit acknowledgment be given for the use of another person’s ideas or language.
"Harassment" is verbal or physical conduct that threatens, intimidates, or coerces another. Verbal taunting (including racial and ethnic slurs) which, in the recipient’s opinion, impairs his or her ability to perform as a student. Examples of harassment include but are not limited to:
1. Verbal Conduct – comments which are unflattering regarding a person’s nationality, origin, race, color, religion, gender, sexual orientation, age, or disability; including epithets, slurs, and negative stereotyping;
2. Non-verbal Conduct – includes distribution or display of any written or graphic material that ridicules, denigrates, insults, belittles, or shows hostility or aversion toward an individual or group because of national origin, race, color, religion, age, gender, sexual orientation, pregnancy, disability, marital or other protected status.
"Assault" is purposefully, knowingly, or negligently causing bodily injury to another, making physical contact of an insulting or provoking nature, or causing reasonable apprehension of bodily injury to another. MCA Title 45 § 45-5-201.
"Sexual Misconduct" means an actual or attempted sexual contact with another person without that person’s consent. Sexual assault includes but is not limited to: A. Involvement in any sexual contact when the victim is unable to consent; B. Intentional and unwelcome touching of, or coercing, forcing, or attempting to coerce or force another to touch a person’s intimate parts (defined as genital area, groin, inner thigh, buttocks, or breast); C. Sexual intercourse without consent, including acts commonly referred to as “rape.”
"Consent" informed, freely given, and mutually understood agreement to sexual activity of any kind. If coercion, intimidation, threats, or physical force are used, there is no consent. If the victim is mentally or physically incapacitated or impaired such that the victim cannot understand the fact, nature, or extent of the sexual situation, and the condition was known or would be known to a reasonable person, there is no consent. This includes conditions due to alcohol or drug consumption, or being asleep or unconscious. Whether an accused individual has taken advantage of a position of influence over the victim may also be a factor in determining consent. Past consent to sexual activity does not imply future or ongoing consent. Silence does not necessarily constitute consent.
"Relationship Violence" is abuse or violence between partners or former partners involving one or more of the following elements: A. Battering that causes bodily injury; B. Purposely or knowingly causing reasonable apprehension of bodily injury; C. Repeated telephone, text, social media, electronic, or other forms of communication – anonymously or directly – made with the intent to intimidate, terrify, harass, or threaten. Relationship violence includes dating violence, which is abuse or violence between individuals who have been or currently are in a dating or ongoing romantic or intimate relationship; and domestic violence, which is abuse or violence between individuals who are spouses or former spouses, who are or were living together as spouses or intimate partners, or who have a child in common. Domestic violence also includes abuse or violence that constitutes partner or family member assault under Montana Law.
"Stalking" includes repeatedly following, harassing, threatening, or intimidating another in person, by telephone, mail, electronic communication, social media, or any other action, device, or method that purposely or knowingly causes substantial emotional distress or reasonable fear of bodily injury or death to the individual or others.
“Complainant” means any person who submits a charge alleging that a student violated the Carroll Code. When a student believes that she/he has been a victim of another student’s misconduct, the student who believes she/he has been a victim will have the same rights under the Carroll Code as are provided to the Complainant, even if another member of the College community submitted the charge itself.
“Responding Student” means any student accused of violating the Carroll Code. A student group or organization sanctioned or recognized by the College may also be a respondent under the Carroll Code.